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HomeMy WebLinkAbout08234ORDINANCE NO. 8234 AN ORDINANCE AMENDING SECTION 7-1-3 OF CHAPTER 1 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE AUTHORITY OF THE CITY TO ABATE NUISANCES AND TO RECOVER THE COSTS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Section 7-1-3 of Chapter 1, Title VII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7-1-3. Cost of abatement . [] is, Fire (a) Whenever any nuisance shall be found, the City Manager [ ] Chief or the Health Officer shall order the owner or occupant of the property [] is located upon which the nuisance shall exist, or such person who shall have or any person who caused or permitted such nuisance, at his or her own abate, expense, to remove or correct the same within twenty-four (24) hours. If [] the owner, occupant or person who shall have caused or permitted such [] fails, neglects, or refuses to nuisance shall not comply with the order of the [] Fire Chief, Fire Chief City Manager, or the Health Officer, the City Manager abated, or Health Officer may cause the nuisance to be removed or corrected and all expense incurred thereby shall be paid by said owner or occupant or by [].[ such other person who shall have caused or permitted the same , and may ] If the City be recovered by the City in an action against the person or occupant. Manager, Fire Chief or Health Officer determines that the nuisance poses an immediate threat to public health, safety or welfare, the City Manager, Fire Chief or Health Officer may proceed to abate, remove or correct the nuisance without first giving an order to the owner, occupant, or person who caused or permitted the nuisance. [] , Fire Chief (b) In all cases where the City Manager or the Health Officer shall incur any expense for abating any nuisance found upon any lot or premises, the expense of such abatement plus twenty-five percent (25%) for incidental costs may be charged against the lot or premises upon or on account [ of which such expense was incurred, or from which such nuisance was removed ] abated, removed, or corrected. or abated A bill for such expense shall be mailed to the owner or the person who shall have caused or permitted the . The cost of such abatement, removal, or correction and condition to exist such incidental costs, plus interest at the rate of ten percent (10%) per annum, shall be charged against the owner of such land, and upon recording in the County Clerk and Recorder's office of a statement under oath of the City Manager showing the cost thereof and describing the land, such charge shall be a perpetual lien on the land having priority over all other liens, except general tax liens, and such lien shall remain in full force and effect until such charges and interest have been paid in full. In addition to the lien created in this section, such charges shall be a charge, jointly and severally, against the owner and occupant of such land and against any person who caused or permitted such nuisance, and the city may pursue a civil judgment for the same along with attorneys fees, costs of [ suit, and costs of collection. and if the same shall not be paid on or before September 1 next following, the City Manager shall add another twenty-five percent (25%) as penalty and shall cause the same to be brought before the City Council for assessment upon such lot or premises upon which the nuisance existed or from which the nuisance emanated, and collection as provided in the ] case of weed removal. (c) All remedies classified herein are cumulative, and the exercise of one (1) shall not be deemed to prevent the exercise of another or to bar or abate any prosecution or petition for injunction hereunder. SECTION 2. This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED: June 28, 2010 BY: Vera Ortegon /COUNCILPERSON PASSED AND APPROVED: July 12, 2010 Background Paper for Proposed ORDINANCE : # R-7 DATE June 28, 2010 AGENDA ITEM DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE AMENDING SECTION 7-1-3 OF CHAPTER 1 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE AUTHORITY OF THE CITY TO ABATE NUISANCES AND TO RECOVER THE COSTS THEREOF ISSUE Should City Council pass an ordinance amending Section 7-1-3 Pueblo Municipal Code, as amended, to: (1) provide that the Fire Chief, in addition to the City Manager and Health Officer, may order the abatement of nuisances; (2) provide that an order for abatement of a nuisance need not be given to the property owner 24 hours before the City takes action to abate the nuisance if the nuisance poses an immediate threat to public health, safety, or welfare; (3) simplify the procedure for filing liens against property to collect the costs of nuisance abatement; and (4) modernize certain antiquated language in the ordinance? RECOMMENDATION The Law Department recommends approval. BACKGROUND Situations sometimes arise where the Fire Department is the lead agency dealing with a public nuisance. Recent examples include hazardous substances on private property. The proposed ordinance would permit the Fire Chief to issue an order to abate a public nuisance without going through the City Manager or the Health Department. In some cases, the public nuisance poses an immediate and serious threat to public health, safety and welfare. Waiting 24 hours before acting to abate such a nuisance would endanger the public. The proposed ordinance would permit the City to immediately abate such a nuisance without first giving the property owner 24 hours notice. The existing procedure in Section 7-1-3 for filing liens against properties to collect the costs of nuisance abatement is slow and cumbersome, requiring notice, billing, City Council action in making assessments, certification of an assessment roll, and recording. The proposed ordinance would streamline the procedure for filing these liens. Some of the language in Section 7-1-3 is antiquated. The proposed ordinance modernizes the language. FINANCIAL IMPACT Unknown.